Before the Court is a Motion for Summary Judgment filed by
defendant McDonnell Douglas Corporation (MDC). The government's
action against MDC is based on the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601
et seq. CERCLA imposes liability on generators of hazardous
wastes who arrange for the disposal or treatment of their waste
by a third party and the waste is posing an actual or threatened
harm to the environment. 42 U.S.C. § 9607(a)(3). The government
claims MDC arranged for the disposal of spent aluminum etch
caustic solution at A & F Material's site in Greenup, Illinois.
MDC moves for judgment in its favor arguing the caustic solution
is not a "waste," and that it did not "arrange for the disposal
or treatment" of the caustic etch solution.

A & F Materials operated an oil reclamation process at the
Greenup site. A & F would purchase waste oil primarily for ALCOA
at two to four cents a gallon and treat it to obtain a portion of
reusable oil. However, A & F's process yielded an acidic oil
which had to be neutralized before it could be sold. MDC's
caustic solution was used to neutralize the acidic oil.

II

Section 9607(a)(3) of CERCLA imposes liability for the releases
of hazardous substances into the environment on

(3) any person who by contract, agreement, or
otherwise arranged for disposal or treatment, . . .
of hazardous substances owned or possessed by such
person, by any other party or entity, at any facility
owned or operated by another party or entity and
containing such hazardous substances,. . . .

Section 9601(14) of CERCLA defines "hazardous substance" as
anything which under the Resource Conservation & Recovery Act
(RCRA), 42 U.S.C. § 6903(5), is a "hazardous waste." MDC's first
argument is that the spent caustic solution is not a "waste"
since it was reused by A & F Materials. Secondly, MDC argues that
even if the solution is a waste under the statute and
regulations, it did not arrange for the disposal or treatment of
the solution.

MDC has stipulated that the caustic solution is "hazardous" as
defined by RCRA. The crucial definition of "waste" can be found
at 40 C.F.R. § 261.2(b) which states:

An "other waste material" is any solid, liquid,
semi-solid or contained gaseous material resulting
from industrial, commercial, mining or agricultural
operations, or from community activities which:

(1) Is discarded or being accumulated, stored or
physically, chemically or biologically treated prior
to being discarded; or

(2) Has served its original intended purpose and
sometimes ...

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